Category: Telephone Consumer Protection Act

Any Telephone Consumer Protection Act claim necessarily involves an invasion of privacy, so such a claim fell within the invasion of privacy exclusion to the insured’s directors & officers insurance policy. The lead opinion in this splintered decision holds that a Telephone Consumer Protection Act claim necessarily involves an invasion of privacy and so the…

An advertiser bears vicarious liability for a telemarketer’s Telephone Consumer Protection Act violations, if the telemarketer was an agent rather than an independent contractor—a question resolved under federal common law by applying the 10-factor Restatement of Agency test. An advertiser bears vicarious liability for its telemarketer’s TCPA violations only if the telemarketer is an agent…

Plaintiff had standing to sue under the Telephone Consumer Protection Act, but not the UCL for unwanted text messages soliciting him to renew a gym membership, but the claims were properly dismissed because plaintiff expressly consented to receive the messages by giving his phone number to the gym, and merely allowing his gym membership to…

An unaccepted Rule 68 offer of judgment for individual injunctive relief and the full amount of statutory damages for the named plaintiff does not moot out a putative class action even when backed by a deposit in court of the statutory damages. Taking a hint from Campbell-Edward Co. v. Gomez, 136 S.Ct. 663 (2016), defendant…